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STATE v. SCOTT

Nos. 10579, 10580.

173 N.W.2d 287 (1969)

STATE of South Dakota, Plaintiff and Respondent, v. Jack Raymond SCOTT, Defendant and Appellant. STATE of South Dakota, Plaintiff and Respondent, v. Roger Calvin ECKERD, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., Edward M. Blando, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

Clayton H. Shrout, Omaha, Neb., Ray P. Murley, Salem, for defendants and appellants.

BIEGELMEIER, Presiding Judge.

Defendants appeal from their Judgments and Sentences entered on jury verdicts of guilty of grand larceny and third degree burglary.

About 2:45 on the morning of October 20, 1967 the manager of the Farmers Union Oil Company of Fedora was awakened by by a buzzer in his home which was activated by an apparatus on the inside doors of the service station. He immediately called the Miner County Sheriff, dressed and stepped outside of...

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